The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1887-08-26
HAKILrOE CASE CONTINUED.

Al Brandon last week, aud a motion
tor continuance VAS heard last Sat
urdsy by Judge Mayors. The State
eRdeavored 10 prove that the alb
sent witnesses, Andres GOvau aud
Ike Thomas, would not, II present,
swear 10 what the drfeuse claimed
they Soald. A y. D. Pieayaae spe-
cial gives the folioEi0g particulars:
As TO the absent Tom Hardy the
Stale proved that the defense had
been advised that Hardy could be
gotten at any time, aud the defense
explained that his name was insert
ed in tue affidavit because the same
ASSURANCES we're given during the
habeas corpus trial, and be tailed
10 come aud avoided the process of
the cOUrt.
The question Of Ike Thomas ties
tiDOBy, another witness beng re
ferred TO, il being claimed that be
would swear that be saw Gam0rell
standing on the bridge. THIS was
denied, au il was claimed that the
witness sEOre GU the habeas corpus
trial that the man he saw on the
bridge vas not Eabauks, because he
did not have side whiskers.
Rev. j. B. Gambrell was sworn
and testified tHat at the time Of the
killing Eabauks had side whiskers
very much like his son r. d. Gam
brell.
LOue Thomas and ". A. White
were then sworn and testified tia
Eubauks' side Whiskers we're not
near SO long or heavy AS L. ID. Gam
brell's, an1 GamUrelfs photo was
produced as evidence.
Tue whole afternoon session OF
the court was consumed ia arguing
the defendants application for a
continuance.
Judge Mayors said in substance
that upon The showing presented
by the defendants they were entI-
tied 10 continuance, aud without
giving any reaso for bis decision
be would cause such An order TO be
made upon the minutes of the court.
inst here the State proposed Ia
admit that the absent witnesses il
here would swear in the manner
claimed IA defendants petition aud
upon this admission that the trial
proceed.
After some discussion the court
ruled that unless the defendants
agreed TO so 10 trial in The absence
Of these witnesses Tue case would
continued, Is they we're emit
lied 10 have tue personal attend |
Of or compulsory process to
bring them. Tue defendants claim
ng this right, the case stands con
till the next term of court
mere, which will be in February.
The prisoners we're ordered re
handed TO the Kinds county Jail
aud ordered to be taken back on
Tuesday next.
These proceedings only applied
% Hdmil.o ON aud Eubdnks. who are
indicted, bot It was agreed
hat the same orders be made in
he case of Al6reehi, who is Indicted
aud they were SO written
up.
As to the matter of a pew appli-
for bail, OF which nothing
Ias as yet been said in cOuIi, the
of tue lawyers for tue State
: that there rs nothing lett tor the
TO do but to remain in
all until the next tenn, unless they
u OSecute the appeal from Chaucpl
or PtytOu's decision to the supreme
and that IN case of "A reversal
f Judge Peyton's decision denying
vail, it would not admit defendants
o bail, but would give thrm the
light 10 sue u another wit OF
cOrl'ns 10 relieve them of
he indictment 10y the grand jury
Thich night they do not and cannot
unless tie appeal hOm
Judge PeytOn's decision he re.
erSed.
La the above statement of the
aSe as to the bail matter is not
lcinded in the prisoners tight 10
pply for it on the ground of dan
erOuS illness, 1t such a cOugingency
arise, as provided for by law. :
he counsel for defense combat this
and contend the indictment
I defendants make a new case 30 {
IL as tue right of habeas corpus is
Oucerned; that they are not re.
uired to prosecute aud reverse i.
udge PeytOn'S decision; that they !
ave a right to sue out "A new writ:
lat no law would require them to 7
rosecute an appeal from which l
lere could be no tangible result. II
The most startling statement d
ade during the argument was by G
Ol. NugeUt, who stated that il was c
regret that the defense had q
compelled TO abandon the "
cory that it Was an accidental y
between Hamilton and :
ambrrll on the bridge.
There was an immense crowd
'eseBt all day, among them mauy
dies. Judge Mayeis' decision as !
the eontiuuance was quietly ie-
ived, no demonstration being
ade by either side.
writ of baDeas cor.
sued Out to night TOR another
IplicatiOn for bail for Hamilton,
Utrecht and Eubanks was pre- +,
nted to Judge Mayors to night.